Since its inception in 1997, the no-fly list has undergone two major legislative changes in the United States. Congress expanded it after the September 11th terrorist attacks and again in 2016. U.S. Senate and House members are finally listening to airline union pleads, proposing new no-fly list legislation for unruly passengers.
Why the Change?
The no-fly list is an FBI-run database banning what are believed to be high-risk people from traveling by plane. No-fly list individuals often have suspected terrorism ties. There currently isn’t a system to ban travelers from boarding a plane who have been convicted of or fined for unruly flying behaviors.
Terrorists Aren’t the Only Threat
The move to update the no-fly list stems from airline employees insisting that passengers don’t have to be a terrorist to be dangerous.
Tightening the Rules
Should the no-fly list legislation pass, it would give the Transportation Security Administration (TSA) the right to act. Any person convicted or fined for assaulting or otherwise hindering airline crew members from doing their jobs would be banned from flying.
Unruly Doesn’t Equate to Terrorist
Unruly passengers wouldn’t be treated as terrorists under the proposed no-fly list expansion. A separate roster would be kept with the names of passengers convicted or fined for disorderly behavior on planes, banning them from plane travel.
How Many Unruly Passengers Are There?
In 2021, the Federal Aviation Administration (FAA) reported 5,981 incidents with unruly passengers. Before the COVID-19 pandemic, the FAA reported an average of 100 yearly unruly passenger occurrences.
The Pandemic Effect
Of the 5,981 unruly passenger incidents in 2021, almost 72% of them were sparked by mask-wearing incidents. Air rage was in full force, with passengers deploying aggressive or violent behavior towards airline employees and fellow passengers when told to wear masks. Some also became a risk to those onboard when they got upset by people not wearing their masks properly.
Civil Libertarians Fight Back
Not all Americans agree with the proposed no-fly legislation. Libertarians argue that the FBI’s no-fly list targets people of color and lacks transparency. They fear the same will happen if the 2023 no-fly list extension passes.
Riddled With False Positives
Few Americans will argue that suspected terrorists who are thoroughly vetted shouldn’t fly on planes. The issue is that many travelers without terrorist connections have endured intimidating interrogations and mistakenly placed on the no-fly list. All it can take is a name mix-up.
A Tale of Travel Obstacles
Thirty-year-old Ashraf Maniar was born and raised in California. But after innocently sparking a friendship with a British woman who was later accused of extremism, Maniar discovered he had been placed on the no-fly list for being a suspected terrorist.
The Problems Began
Maniar described himself as feeling like a criminal. He tried to fly several times before being informed by the Department of Homeland Security that he’d been placed on the no-fly list. FBI agents confronted him at the airport on several occasions. This was before the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) was developed.
Being More Transparent
Contrary to the past, the U.S. government now tells American citizens and lawful residents if they’re on the no-fly list. The DHS TRIP was established in 2007 in response to criticism about the FBI’s secretive approach to its no-fly list.
A Happy Ending
After years of a lengthy legal battle, with the help of his lawyers, Maniar received a coveted letter from the Department of Homeland Security clearing him from the no-fly list. They discovered what he had known all along — that he wasn’t a danger to flight crew and passengers.
The Future of the No-Fly List
Time will tell whether Congress’ unruly no-fly list legislation passes. In the meantime, the 4,290 passengers charged with mask-related incidents in 2021 may be holding their breath.
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This article was produced and syndicated by A Piece of Travel.
